The UK was challenging the validity of the Working Time Directive on the basis of lack of competence (saying it shouldn’t be based on article 138-concerned with health and safety of workers), and should have been enacted under art. 308 (requiring unanimity), and saying that it was disproportionate. ECJ disagreed on all these points, except repealing a directive provision designating Sunday as the principal rest day, as that had nothing to do with health and safety of workers.
ECJ: V. broad definition of health: “a state of complete physical, mental and social well-being that does not consist only in the absence of illness or infirmity.” Social wellbeing seems to stretch the definition too far- health does not equal welfare.
